Wood Burning Release and Waiver of Liability
  • By signing this Agreement, the undersigned participant (“Participant”) acknowledges, understands, and agrees to the following terms and conditions as a condition of participation in any wood-burning, pyrography, crafting, art, or related class, workshop, event, demonstration, or activity conducted, organized, sponsored, hosted, or facilitated by MixMatched Creations.

    1. ACKNOWLEDGMENT OF INHERENT RISKS
    Participant acknowledges and understands that participation in wood-burning/pyrography and related crafting activities involves inherent and potentially dangerous risks, hazards, and conditions that may result in bodily injury, illness, permanent disability, death, emotional distress, property damage, or other losses.

    Such risks may include, but are not limited to:

    Burns from heated tools, surfaces, or materials;
    Fire hazards;
    Smoke inhalation;
    Exposure to fumes, dust, chemicals, finishes, paints, stains, adhesives, sealers, or other substances;
    Electrical shock;
    Cuts, punctures, splinters, abrasions, or other physical injuries;
    Allergic reactions;
    Equipment malfunction or failure;
    Slips, trips, and falls;
    Injuries caused by other participants;
    Damage to personal property;
    Risks associated with participation at commercial properties, churches, schools, private homes, rented venues, community centers, outdoor spaces, or any other location where activities may occur.
    Participant acknowledges that these risks may arise from known or unknown causes, including but not limited to negligence of released parties, defective equipment, environmental conditions, acts of third parties, or Participant’s own actions or omissions.

     

    BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE CAREFULLY READ AND FULLY UNDERSTAND THIS RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS, AND INDEMNIFICATION AGREEMENT. I UNDERSTAND THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO FILE A LAWSUIT OR SEEK DAMAGES AGAINST MIXMATCHED CREATIONS, THE HOST VENUE, PROPERTY OWNERS, AND ALL OTHER RELEASED PARTIES FOR INJURIES, DAMAGES, LOSSES, OR CLAIMS ARISING FROM MY PARTICIPATION, INCLUDING CLAIMS ARISING FROM ORDINARY NEGLIGENCE. I ACKNOWLEDGE THAT I AM SIGNING THIS AGREEMENT VOLUNTARILY, FREELY, AND WITHOUT ANY INDUCEMENT OR COERCION, AND I AGREE TO BE LEGALLY BOUND BY ITS TERMS TO THE FULLEST EXTENT PERMITTED BY LAW.

    2. VOLUNTARY PARTICIPATION AND ASSUMPTION OF RISK
    Participant knowingly, voluntarily, and expressly assumes all risks, known and unknown, foreseeable and unforeseeable, associated with participation in any activity conducted by MixMatched Creations.

    Participant accepts full personal responsibility for any injury, damage, loss, liability, or expense that may occur as a result of participation.

    Participant certifies that they are physically and mentally capable of participating safely and that they will comply with all instructions, warnings, safety rules, and directions provided by instructors or hosts.

    3. RELEASE AND WAIVER OF LIABILITY
    To the fullest extent permitted by the laws of the State of New Jersey, the Commonwealth of Pennsylvania, and any other applicable jurisdiction, Participant, on behalf of themselves and their heirs, assigns, executors, administrators, personal representatives, spouses, family members, and next of kin, hereby fully and forever releases, waives, discharges, and covenants not to sue:

    MixMatched Creations;
    Its owners, members, officers, directors, employees, instructors, assistants, volunteers, contractors, representatives, agents, affiliates, successors, and assigns;
    Any host venue, landlord, property owner, tenant, church, business, organization, school, community center, municipality, private homeowner, or other entity or individual providing or allowing use of the premises where activities occur;
    Any sponsors, partners, vendors, or affiliated entities;
    (collectively referred to as the “Released Parties”)

    from any and all claims, demands, liabilities, actions, causes of action, suits, damages, judgments, losses, costs, attorney’s fees, expenses, or compensation of any kind whatsoever, whether known or unknown, foreseen or unforeseen, arising out of or related to participation in any activity conducted by MixMatched Creations, including claims arising from the ordinary negligence of any Released Party.

    This waiver applies to all claims for:

    Personal injury;
    Bodily injury;
    Emotional distress;
    Illness;
    Death;
    Property damage;
    Economic loss;
    Medical expenses;
    Lost wages;
    Any other damages or losses.
    4. INDEMNIFICATION AND HOLD HARMLESS
    Participant agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, losses, demands, actions, penalties, fines, costs, expenses, and attorney’s fees arising from or related to:

    Participant’s actions or omissions;
    Participant’s violation of rules or instructions;
    Injury or damage caused by Participant to any person or property;
    Claims brought by third parties arising from Participant’s conduct or participation.
    5. MEDICAL AUTHORIZATION AND HEALTH ACKNOWLEDGMENT
    Participant acknowledges that MixMatched Creations and the Released Parties are not medical providers and assume no responsibility for medical care or emergency treatment.

    Participant authorizes emergency medical treatment if deemed necessary and accepts full financial responsibility for any medical expenses incurred.

    Participant further acknowledges responsibility for disclosing any medical conditions, allergies, respiratory sensitivities, or other conditions that may affect safe participation.

    6. NO WARRANTIES
    MixMatched Creations makes no warranties or representations, express or implied, regarding:

    Safety of participation;
    Results or outcomes;
    Fitness for a particular purpose;
    Quality or functionality of tools, equipment, materials, or facilities.
    All activities, tools, materials, and premises are provided “AS IS” and “WITH ALL FAULTS.”

    7. PHOTOGRAPHY AND MEDIA RELEASE (OPTIONAL)
    Participant grants MixMatched Creations permission to photograph, video record, and use Participant’s image, likeness, artwork, or voice for promotional, advertising, educational, website, or social media purposes without compensation unless otherwise prohibited by law.

    Participant may opt out in writing prior to the event.

    8. ARBITRATION, VENUE, AND GOVERNING LAW
    Any dispute, claim, or controversy arising out of or relating to this Agreement or participation in any activity shall be resolved exclusively through binding arbitration in the county and state where the event occurred, in accordance with the rules of the American Arbitration Association or similar arbitration body.

    Participant knowingly waives any right to:

    File a lawsuit in court;
    Trial by jury;
    Participate in a class action lawsuit.
    This Agreement shall be governed by and interpreted under the laws of the State of New Jersey or the Commonwealth of Pennsylvania, depending on where the event occurs, without regard to conflict-of-law principles.

    9. SEVERABILITY
    If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

    10. ACKNOWLEDGMENT OF UNDERSTANDING
    Participant acknowledges that:

    They have carefully read this Agreement in its entirety;
    They fully understand its contents and legal effect;
    They understand they are giving up substantial legal rights;
    They sign this Agreement voluntarily and without coercion;
    They intend this Agreement to be a complete and unconditional release of liability to the fullest extent permitted by laws.
     

  • Wood Burning Release and Waiver of Liability

    Waiver of Liability and Assumption of Risk Agreement
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